We signed a month to month rental agreement in Sacramento, Ca and moved in to the apartment on September 5th. We did not want to sign a 6 month plus lease because we were in the process of looking to buy a home which we had discussed with the office so they were aware of our intentions. We had an offer excepted to purchase our home on September 14th and gave our 30 day notice on Sept. 14th in writing to let them know that we would be moving out on Oct. 14th. We are now being told that we will have to pay rent up until Oct. 31st. I was under the impression that a month to month agreement was just that.... month to month. We moved in Sept. 5th, gave a 30 day notice on Sept. 14th to vacate on Oct. 14th. What am I missing or not understanding about a month to month agreement. We will be here a month plus some days and have given them a 30 day notice. why would we have to pay rent until october 31st?
2007-09-17 17:45:26 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Your notice must start from the rent due date, i.e., the first of the month. If you live there part of the month, you have to pay for the whole month. The landlord does not have to pro-rate for a half month.
2007-09-17 17:56:40 · answer #1 · answered by bdancer222 7 · 2⤊ 2⤋
" was under the impression that a month to month agreement was just that.... month to month. We moved in Sept. 5th"
It is just that MONTH (30 days) to month, notice has to be given before the start of the next rental period (30 days or Oct 5) and you are obligated to pay rent for that next month. It is not 30 days from whenever you decide to give notice, the law is pretty clear on these matters.
2007-09-18 01:06:22 · answer #2 · answered by Craig T 6 · 2⤊ 0⤋
A month to month rental agreement is just what it says it is.
THIRTY DAYS. You moved in on Sept. 5th. You HAD not fulfilled your 30 day lease when you gave a 30 day move out notice.
This is the way it should have been. Your month to month lease started on Sept.5th & would run to Oct. 5th. There is 30 days concluded. On Oct. 6th you can give your 30 day move out notice for Nov. 5th.
They are giving you a break because legally they could make you pay the days in Nov. too.
Now, does a 30 day lease make sense to you?
2007-09-17 19:16:08 · answer #3 · answered by Anonymous · 1⤊ 2⤋
your lease determines everything, if only a month to month. When was the lease in effect? the 15th or the 30-31st? if its effective date is on the last day or first day of the month, then you have to pay until the end of the month and your 30 day notice isn't considered in effect until the 31st of September for all legal intents. Private small landlords sometimes do what you speak of but a business typically goes from either the 15th or the 30-31st/ 1st. and in such your notice goes off of that date.
2007-09-17 17:55:42 · answer #4 · answered by Ravin 5 · 0⤊ 2⤋
Read your lease. The landlord probably mentioned somewhere that he will not pro-rate a month, and that is perfectly legal to do on a month-to-month.
That is very common, b/c it is very difficult for a landlord to rent a property mid-month.
Pay the two weeks. You'll spend more money and aggrevation arguing the issue than it's worth.
2007-09-17 17:55:41 · answer #5 · answered by Expert8675309 7 · 2⤊ 1⤋
just bc u started in the middle of the month does not make it ok for it to end on that. normally if a motnh starts in the middle or 5 days into as in ur case ur prorated for those days. all leases must expire at the end of the month no matter when they were started. it is quite common for complexes to do this. best to just pay the full month of october to alot u time to get prepared for ur big move. no use getting upset, seems like a miscommunication on their end.
2007-09-18 01:51:46 · answer #6 · answered by spadezgurl22 6 · 1⤊ 1⤋
Most landlords won't pro rate for you. You need to check your lease for all of the clauses. What day did you sign the lease? on the 5th or before when does it say it takes effect?
2007-09-18 02:43:39 · answer #7 · answered by sassssy 5 · 0⤊ 1⤋
Well, yes. It sounds like you do not have the option to pay for, half of the month. I remember wanting to move out of an apartment like, on the 10th of December or so, and they charged me full rent. Sometimes they'll prorate it for you, but it isn't uncommon for them to charge the entire month either.
2007-09-17 17:54:13 · answer #8 · answered by florita 4 · 0⤊ 1⤋